How does Workers’ Compensation Apply to Workers in the Construction Industry?

The first thing you will need to find out is whether or not your employer is a workers’ comp insurance subscriber or non-subscriber. This may seem like a straightforward question and answer, but the truth is, many low to mid-level construction managers may not have the answer or understand the question. The higher your manager has to go up the food chain to get an answer, the longer you will have to wait, and the response may be incomprehensible. The attorneys at our Law Office are here to help you navigate through the bureaucratic mess and ensure that you are compensated fairly.

Workers’ compensation provides compensation to workers injured on the job while at the same time providing subscribers with a high degree of immunity to lawsuits, except in the rare case that a worker dies and the employer was grossly negligent. In this case, the worker’s family may file a wrongful death lawsuit. Due to the current legal structure of the workers’ compensation insurance system, if you are injured doing construction work for a company that carries workers’ compensation insurance, you cannot file a work injury claim.

If You Can’t Sue Your Employer Because he or she has Workers’ Comp Insurance, What Can You do?

You may be able to file a lawsuit against other parties to recover financial damages or get the relief you need. Other defendants in construction accident cases often include property owners who own or control the job site, other contractors, the general contractor, equipment manufacturers, and leasing companies.

Any of these other defendants could provide you with additional compensation to pay for your injuries. Our attorneys can conduct thorough investigations to determine exactly how your accident occurred, and identify all potential defendants in your case. We are dedicated to finding every possible source to secure the compensation you need.

What Benefits Should You Expect to Receive Under Workers’ Comp?

Up to 70% of any wages lost during recovery time in which you were unable to work.
Note: the max on this is capped at $600/week.
If the injury impairs you for life and renders you unable to return to work, you may be entitled to this benefit for the rest of your life.
Per diem compensation for mileage driven to and from places where you obtained medical treatment, prescriptions, and other necessary medical supplies.
100% coverage or reimbursement for any medical treatment, prescriptions, or over-the-counter medications and supplies related to the specific injury in question.